Canadian Indigenous Rights and Protections

Collective Rights Overview

• Collective rights are rights held by groups within Canadian society, recognized and protected by the Canadian constitution.
• They differ from individual rights, which are held by each citizen and permanent resident.
• Collective rights are based on the concept of mutual respect among groups in society.
• Key groups with collective rights include Indigenous peoples (First Nations, Métis, and Inuit), Francophones, and Anglophones.

Unit Focus Question

• The unit focus question is to what extent has Canada affirmed collective rights?

Key Understandings

• Laws recognizing collective rights vary for different groups.
• First Nations collective rights are recognized by treaties (historic and modern), the Indian Act, and section 35 of Canada's Constitution.
• Official language groups' collective rights are found under section 16 to 20 of the Charter of Rights and Freedoms.
• Métis collective rights are associated with modern treaties, the Manitoba Act, and section 35 of the constitution.

Charter Recap

• The Charter regulates governmental actions, not the actions of citizens.
• Historical examples of government violating rights/freedoms include the Singh decision.
• Discriminatory practices, like restricting voting rights to a particular group, violate individual and collective rights.
• The Charter is part of the Constitution, preventing governments from abolishing existing rights.
• The notwithstanding clause allows Parliament or a province to temporarily ignore certain Charter sections.

Indigenous Rights

• Indigenous rights are grounded in traditional land use and occupancy.
• These rights encompass cultural practices, land claims, and traditional traditions.

The Numbered Treaties

• A series of signed agreements (1871-2000) between the Crown and First Nations.
• These treaties formalized land sharing and resource usage in exchange for promises of certain provisions such as education, reserves, and annuities for the Indigenous people.
• This cooperation led to the creation of the numbered treaties.

Royal Proclamation of 1763

• Officially recognized the rights of Indigenous peoples to their ancestral lands.
• Designated Crown representatives as protectors of Indigenous rights.
• Preserved Indigenous hunting grounds until treaty signing.
• Limited European settlement expansion. This was done by forbidding settlement on Indigenous territories.

Indigenous Voices

• Indigenous elders see treaties as sacred agreements for mutual respect between the Crown and their communities.
• Elders believed treaties guaranteed peace, harmonious relations, respect, and the preservation of their cultures.

Why Sign Treaties?

• There were many motivations for First Nations to negotiate treaties, including securing their future, avoiding war, and ensuring cooperation with the Crown over land resources.

"Perspective" Problems

• Differing perspectives exist between the First Nations peoples and the Canadian government concerning treaties.
• Different methods of recording information (e.g., oral histories versus written records) can lead to interpretations of treaties that differ.
• First Nations recordings were within their oral histories and languages, whereas the Canadian government recorded treaties in written language.

What Was in the Agreements?

• First Nations agreed to share land and resources peacefully.
• Canada's government committed to provide provisions (e.g., education, reserves, annuities).

Indian Act (1876)

• Gave the Canadian government broad control of Indigenous peoples' lives.
• Includes Indigenous peoples in their legal definition.
• Introduced restrictions on government, land, politics, and cultural aspects (ceremonies, dress, and education) of First Nations.
• This act and the residential schools played a significant role in eroding Indigenous culture and autonomy.
• Forced Indigenous Peoples onto reserves with often undesirable land quality, that were not well suited for farming. These reserves also meant social isolation from white population and lack of resources, such as fertile land or means to hunt/fish.

What They Had Before...

• Indigenous groups governed themselves autonomously with established religions, ceremonies, languages, and oral histories.
• Lived off the land using traditional farming and hunting practices.

Canada Takes Control (1871)

• The Department of Indian Affairs (DIA) was created to manage First Nations.
• First Nations people were not consulted in this process.

The Indian Act: Residential Schools

• The Indian Act further responsibilities to the federal government to manage Native Education.
• Churches and the State collaborated to assimilate Indigenous children into mainstream Canadian society.

Lasting Impacts (Residential Schools)

• Poor quality education with untrained teaching staff
• Many children died from illnesses, fires, and murder
• Physical and sexual abuse had detrimental effects on students.
• Anti-Indigenous education practices.
• Loss of connection with their families and culture.
• Intergenerational trauma.

Intergenerational Effects

• Residential Schools caused intergenerational trauma, resulting in identity crises and difficulty connecting with cultural traditions.
• Physical, sexual, and psychological abuse have long-term effects, including substance abuse, suicide, and family problems.

Métis and Collective Rights

• The Métis are considered part of Canada's Indigenous peoples, under section 35 of the Constitution.
• The Métis do not have numbered treaties.
• Métis rights to land and traditional resource usage are considered inherent rights.

Métis History

• The Métis are descendants of intermarriage between Indigenous and European peoples (primarily French).
• Their homeland included parts of several Canadian provinces and the Northern US (Montana, North Dakota, and northwest Minnesota).

The Manitoba Act (1870)

• The Manitoba Act resulted from the Red River Resistance, championing the rights of Métis and Francophones.
• It established Manitoba as a bilingual province.
• Provided education rights for Catholics and Protestants.
• Granted Métis land rights, with a significant land allocation following the Red River Resistance.

What They Actually Got (Scrip)

• Canada issued scrip to Métis instead of providing land settlements in Manitoba following the Red River Resistance.
• This frustrated Métis because many efforts to settle the land were thwarted by poor accessibility of land, issues with resource quality, and the challenges of living on their allotted lands.
• Ultimately, many sold the scrip to be able to migrate west (Alberta & Saskatchewan).

The Northwest Resistance (1885)

• Led by Louis Riel, this event was about protecting Métis lands in Saskatchewan as railways and settlers moved westward.

Vivre la Resistance!

• Louis Riel led the Northwest Resistance, culminating in military conflicts with the Canadian government.
• Métis sent petitions about land rights, but the government did not respond.

Louis Riel

• Louis Riel led the Northwest Resistance.
• Was executed for treason in 1885 in Manitoba.
• His actions and death sparked strong sentiments within both the Anglo-phone and French-speaking populations, and is viewed as a notable figure by many in Canada to this day

1938 - Métis Population Betterment Act

• The Act created a permanent land base and allowed Métis to manage their own affairs.
• The Act granted Metis people the right to hunt, fish, and develop the lands set aside from resources, such as oil & natural gas.
• This was a landmark development, as it was the first time the Canadian government gave Métis land settlements.

1982 Constitution

• The Métis lobbied for recognition in Canada's constitution.

1990-Present

• Alberta enacted legislation granting Métis settlements and rights to manage their affairs, and to participate in oil and gas resource development.
• The Supreme Court affirmed the Métis right to hunt, fish and gather resources.
• Alberta implemented rules restricting Métis rights without their agreement for land claims, which have yet to be completely resolved.

Francophones and Anglophones

• Both Francophones and Anglophones have collective rights as founding peoples of Canada.
• Collective rights involve languages, education, and shared cultural identity.

Official Bilingualism (Charter)

• Sections 16-20 of the Charter of Rights and Freedoms established French and English as official languages of Canada.
• Ensured Canadian citizens could conduct affairs with the federal government in English or French.

Minority Language Education

• Section 23 of the Charter of Rights guarantees publicly funded schools to serve minority language communities (e.g., French or English minorities) within a province.

Bilingualism in Confederation

• The BNA Act (1867) facilitated bilingualism in Canada.
• This act helped legitimize rights for both official language groups, and paved the way for future agreements and constitutional recognition across the country.

A Francophone Perspective

• Francophone rights have been a focal point in various ongoing discussions, regarding issues like education and language use, in Canada.
• Access to those rights is just as important as having the right itself.

The Charter and Francophone Education (Alberta)

• The Charter of Rights and Freedoms granted Francophone minority language education rights in Alberta.
• Led to the establishment of publicly funded Francophone schools and boards in later years.

The Charter and Quebec

• Bill 101 solidified Quebec's French-language identity.
• The law required signs to be in French, and also allowed Quebec to separate its schools into mostly French and mostly English.

Focus Questions (Francophones & Quebec)

• To what extent does Canada affirm the rights of official language groups?
• How did rights for Francophones affect Confederation?

Important Summary Points

• The Constitution supports many rights for Indigenous and official language groups in Canada.
• Key documents like the Charter of Rights and Freedoms and the Royal Proclamation recognize collective rights as well as individual rights.

This quiz explores key aspects of Indigenous rights and protections in Canada, including the Indian Act, equality rights, and the role of government. Test your knowledge on significant legal rulings and the status of Indigenous peoples throughout Canadian history.